A driver should expect to face legal woes once a Breathalyzer test reveals a blood alcohol content (BAC) of .08 or higher. New Jersey drivers might feel shocked when a Breathalyzer shows levels at or above the legal limit. Shock may change to anger when the driver did not drink excessively before taking to the road. Yes, a Breathalyzer can present inaccurate results. When that happens, a driver might need to take action the challenge those results.
Challenging Breathalyzer results
Sometimes, it is possible to refute the charges and the false positive. Did a driver use mouthwash before driving? If so, then the alcohol from the mouthwash may cause a false reading from the Breathalyzer. An attorney might argue that the mouthwash caused the high BAC reading and present supporting evidence to the court.
A drunk driving defense strategy might focus on issues with the Breathalyzer. An improperly calibrated machine could give inaccurate readings. The Breathalyzer might be defective, which would further undermine its validity.
Other ways to address a Breathalyzer reading
Police officers could make mistakes, and any errors using the Breathalyzer may lead to false results. Did the officer say anything that would indicate they acknowledged making an error? Pointing out any such statements to the court may affect the case.
Was the officer trained adequately for performing sobriety and Breathalyzer tests? Inadequate training might lead to mistakes, and mistakes could result in improper charges.
Reasonable suspicion matters when it comes to DUI cases. The police cannot pull someone over without a reasonable suspicion that a crime has been committed. Doing so would violate the driver’s constitutional rights, and any procured evidence might be inadmissible. Inadmissible evidence may include the results of a Breathalyzer test, potentially leading to a dismissal of the charges.
